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JONES v. STATE OF NEW YORK

Claim No. 133075 Appeal No. 1144 Case No. 2022-04483.

222 A.D.3d 406 (2023)

201 N.Y.S.3d 22

2023 NY Slip Op 06214

Damian Jones, Appellant, v. State of New York, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 5, 2023.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York (Prishika Raj of counsel), for appellant.

Letitia James, Attorney General, New York (Andrea W. Trento of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.

Order, Court of Claims of the State of New York (Jeanette Rodriguez-Morick, J.), entered August 18, 2022, which, to the extent appealed from, denied claimant's motion for partial summary judgment as to liability on his claim pursuant to the Unjust Conviction and Imprisonment Act of 1984 (Court of Claims Act § 8-b), unanimously affirmed, without costs.

The motion court correctly found that issues of fact preclude granting summary judgment in favor of claimant...

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